The Time for Ballot Reform

Published: November 12, 2001

The results of the 2000 presidential election may never be final in the minds of some Americans, but the comprehensive review of Florida's vote by The Times and other news organizations may put an end to the counting. It appears that Al Gore might have carried Florida if he had successfully pursued a statewide manual recount of all 175,010 rejected ballots -- a strategy he never tried. But the United States Supreme Court's decision to stop a more limited recount ordered by the Florida Supreme Court simply cut off a process that would have wound up confirming George W. Bush's victory.

One part of the 2000 election story must not be forgotten. Florida demonstrated that in a close race for the nation's highest office, the margin of error built into America's neglected voting apparatus could exceed a candidate's margin of victory. The patchwork electoral system was particularly hard on minority voters. The review determined that predominantly black precincts had more than three times as many rejected votes as white precincts, even after accounting for differences in income, education and voting technology. This pattern, seen elsewhere in the country, violates the same equal-protection clause that led the Supreme Court to terminate Florida's manual recount in the absence of uniform statewide standards for counting votes.

Congress still has not passed legislation establishing national standards for voting technologies and procedures and providing funds to put them into effect. The anniversary of last year's mess may create a renewed sense of urgency. Congress must act now if voters are to see substantial improvements by the next presidential race.

Last week the House agreed on a bill that would offer states $400 million to retire their old punchcard voting systems and an additional $2.25 billion over three years for new equipment and better voter registration. It fails in some respects to impose strong enough national standards. A far better bill establishing clear federal mandates for national elections may soon reach the Senate floor. Written by Senator Christopher Dodd of Connecticut and backed by every Democratic member, it may soon gain bipartisan backing. Senator Christopher Bond, a Missouri Republican, is seeking to add some anti-fraud proposals in exchange for his support.

Ultimately, however, it will take a determined push by Congressional leaders and President Bush, who has shown little interest in the subject, to get an election reform law signed by year's end. The money should then start flowing immediately. There is no need for further commissions. An avalanche of studies has already led to a remarkable consensus on remedies. Congress should now mandate that all states adopt them.

The federal government should require polls that are fully accessible to people with disabilities, better trained poll workers and computerized statewide voter registration lists. People whose eligibility is questioned should be provided with a provisional ballot. States should deploy only voting equipment that meets the Federal Election Commission's technical standards and that allows voters to recast a ballot if they have mistakenly failed to choose a candidate, or have chosen two.

Nobody questions the merits of these measures. What's more, Americans will have little patience for an ideological quarrel over whether Congress merely ought to ask, instead of insist, that all votes get properly counted in the next presidential election.